Church of England Assembly (Powers) Act 1919

Church of England Assembly (Powers) Act 1919
Dates
United Kingdom Parliament
Long title	An Act to confer powers on the National Assembly of the Church of England constituted in accordance with the constitution attached as an Appendix to the Addresses presented to His Majesty by the Convocations of Canterbury and York on the tenth day of May nineteen hundred and nineteen, and for other purposes connected therewith.
Citation	9 & 10 Geo. 5 c. 76^[1]
Territorial extent	England and Wales
Royal assent	23 December 1919^[1]
Commencement	23 December 1919
Other legislation
Amended by	Synodical Government Measure 1969 (No. 2)^[2]
Status: Current legislation
Text of statute as originally enacted

The Church of England Assembly (Powers) Act 1919 (9 & 10 Geo. 5 c. 76)^[1] is an Act of the Parliament of the United Kingdom that enables the Church of England to pass primary legislation called Measures. Measures have the same force and effect as Acts of Parliament.^[3] The power to pass measures was originally granted to the Church Assembly, which was replaced by the General Synod of the Church of England in 1970.^[2]

Procedure

The Act creates an Ecclesiastical Committee, consisting of fifteen members of the House of Lords chosen by the Lord Speaker, and fifteen members of the House of Commons, chosen by the Speaker of the House of Commons. The members are appointed for the duration of each parliament, and vacancies may be filled by the speaker of the relevant House.^[4] A quorum for business is twelve members.^[5]

The General Synod refers any measures which it desires to pass into law to the Legislative Committee, a body appointed by the General Synod from among its own members. This Committee forwards the proposed measure to the Ecclesiastical Committee, together with any comments or explanations that it, or the General Synod, wishes to add. (However the Legislative Committee may not amend the measure.) Either Committee has the right to consult with the other in a joint conference to debate the measure.

The Ecclesiastical Committee then drafts a report for Parliament, "stating the nature and legal effect of the measure and its views as to the expediency thereof, especially with relation to the constitutional rights of all [Her] Majesty’s subjects."^[6] The Legislative Committee may then decide whether to allow the report to be presented to Parliament, or withdraw the measure. The General Synod may also direct the Committee to withdraw the measure. The Ecclesiastical Committee may not present the report without permission.

If the Legislative Committee wishes to proceed, then the report and the measure are both presented to each House of Parliament. If both Houses pass a resolution agreeing to the measure, then it is presented to the Queen to receive royal assent. On receiving royal assent it becomes a law.^[7]

Jurisdiction

The Act states:

"A measure may relate to any matter concerning the Church of England, and may extend to the amendment or repeal in whole or in part of any Act of Parliament, including this Act".

However, a measure may not affect the "composition or powers or duties" of the Ecclesiastical Committee, or the procedure in Parliament for passing measures.^[8]

Human Rights Act

Under the Human Rights Act 1998, a measure which is incompatible with a human right under the European Convention on Human Rights may be made the subject of a declaration of incompatibility by the courts. However, the "fast-track" procedure under the 1998 Act for amending incompatible legislation does not apply to measures.^[9]

References

1 2 3 "Church of England Assembly (Powers) Act 1919 (original text)". 1919-12-23. Retrieved 2008-05-21.
1 2 "Synodical Government Measure 1969 (No. 2)". 1969-07-25. Retrieved 2012-03-04.
↑ Section 4.
↑ Section 2(2).
↑ Section 2(3).
↑ Section 3(3).
↑ Section 4.
↑ Section 3(6)
↑ Human Rights Act 1998, section 10(6)

External links

Full text of the Act as currently in force from the National Archives website
List of members of the Ecclesiastical Committee from the UK Parliament website
List of reports by the Ecclesiastical Committee from the UK Parliament website

Current Parliamentary Committees of the United Kingdom

Commons

Departmental	Business, Innovation and Skills Communities and Local Government Culture, Media and Sport Defence Education Exiting the European Union International Trade Environment, Food and Rural Affairs Foreign Affairs Health Home Affairs International Development Justice Northern Ireland Affairs Political and Constitutional Reform Science and Technology Scottish Affairs Transport Treasury Welsh Affairs Work and Pensions

Topical	Arms Export Controls Environmental Audit European Scrutiny Petitions Public Accounts Public Administration Regulatory Reform Statutory Instruments Women and Equalities

General	Panel of Chairs Public bill committee Delegated Legislation Committee European Committees Northern Ireland Grand Committee Regional Affairs Committee Scottish Grand Committee Welsh Grand Committee English Grand Committee

Internal	Administration Finance and Services Backbench Business Liaison Members' Expenses Procedure Selection Standards and Privileges Works of Art

Lords

Topical	Communications Constitution Delegated Powers and Regulatory Reform Economic Affairs European Union International Relations Secondary Legislation Scrutiny Science and Technology

Private business	Hybrid Instruments Standing Orders Internal: House Liaison Committee Privileges and Conduct Procedure Selection

Domestic	Administration and Works Information Refreshment Works of Art

Joint

Select	Consolidation, &c., Bills Joint Committee on Draft Investigatory Powers Bill Joint Committee on Draft Protection of Charities Bill Human Rights National Security Strategy Joint Committee on Palace of Westminster Statutory Instruments

Statutory

Commons	House of Commons Commission Administration Estimate Audit Members Estimate Members Estimate Audit Public Accounts Commission Speaker's Committee on the Electoral Commission Speaker's Committee for the Independent Parliamentary Standards Authority

Joint	Ecclesiastical Committee Intelligence and Security

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament of Ireland	to 1700 1701–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly List Acts of the Parliament of Northern Ireland List Orders in Council for Northern Ireland List

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal

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